Legal Opinion
Brown v. Bristol
New York Supreme Court
Decided August 15, 1823PublishedCited by 1 opinion
Trespass quart clausum fregit, and for cutting the plain-tiff’s wood. The declaration did not say contra formam staticti, fyc. A verdict having been found for the plaintiff,
1Opinion of the Court
Curia.
The motion must be denied. That the declaration does not allude to the statute is a decisive objection. This is essential, as notice to the defendant of the extent to which the plaintiff claims ; otherwise, the former cannot be prepared to narrow the claim, by bringing himself within the provisos of the act. (Shotwell v. Daniels, 8 John. 341.)
Motion denied.
2Cases cited1 opinion
- Shotwell v. DanielsNew York Supreme Court · 1811
3Cited by1 opinion
- Salmon v. M. E. Blasier Manufacturing Co.New York Supreme Court · 1907